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Navaid Khan vs Registrar Of Trademarks Office on 30 May, 2023 cites

M/S. South India Beverages Pvt. Ltd. vs General Mills Marketing Inc. & Anr. on 13 October, 2014

33. The "dominant part" principle is alien to Section 9(1)(b). It cannot co-exist with the "exclusivity" principle which finds statutory place in the provision. We are not concerned, here, with an infringement suit, in which similarity between dominant parts of rival marks can constitute a ground to return a finding of infringement, following the law laid down in South India Beverages Pvt Ltd v. General Mills Marketing, despite Section 17 of the Trade Marks Act which forbears claiming of exclusivity in respect only of part of a registered trade mark. We are concerned with the entitlement of the mark to registration under Section 9(1)(b).
Delhi High Court Cites 15 - Cited by 42 - P Nandrajog - Full Document
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